In the Immigration context, “equities” are immigration facts or considerations that humanize a person under immigration proceedings. If deportation is possible in your case, positive facts serve as reasons for why it is important for the noncitizen to be able to avoid the conviction’s immigration consequences.
When it comes to avoiding negative immigration consequences, positive facts are sometimes as important as, if not more than, a legal justification. You can use equities to convince judges, prosecutors, previous defense lawyers, and others to help you keep your life in the United States.
The following is a non-exhaustive list of possible positive equities:
- The applicant has family ties in the U.S.
- The applicant’s family are U.S. citizens or residents and there is evidence of hardship should the applicant be deported, or, alternatively, to send citizens alongside the deported person.
- The applicant has lived in the U.S. for a long time.
- The applicant has served in the U.S. Armed Forces.
- There is history of employment in the U.S., and the applicant supports his family.
- There is existence of property or business ties.
- There is existence of value and service to the community.
- There is proof of rehabilitation if a criminal record exists.
- There is evidence of applicant’s good moral character.
- If the applicant is deported to his or her native country, they will risk persecution based on race, political opinion, religion, or sexual orientation, as well as danger, abuse, poverty, or bad living conditions.
- The applicant has taken responsibility for his or herself, has turned his or her life around, is seeking counseling, etc.
There are many other factors that could be presented and suggested to immigration authorities as a positive fact, but just as well, there are negative facts. During immigration court you need to prove that the positive facts outweigh the negative facts to stop deportation proceedings.
Some examples of negative facts could be the nature or context of the grounds of removal, any other significant immigration violations, existence of a criminal record, or any other evidence of bad moral character. These can be considered from any past convictions or pleads of guilt without consulting with an immigration attorney first.
At the J. Molina Law Firm, we make sure our clients are represented correctly and are able to fight their cases with the strongest arguments possible. Call us today or schedule an initial consultation online – prominent Attorney Jorge Molina will make sure to protect your American Dream!